Side-by-side accidents can lead to serious injuries, including broken bones, traumatic brain injuries, spinal cord injuries, and other life-changing conditions. In Arizona, many riders enjoy off-road trails and outdoor recreation, but accidents can happen even when riders take precautions.
One question that often comes up after a side-by-side crash is: Can I still recover compensation if I wasn’t wearing a helmet? The answer depends on the circumstances of the accident, who was responsible, and how your injuries occurred.
Arizona’s Helmet Laws and Side-by-Side Accidents
Arizona does not have a universal helmet requirement for all side-by-side riders. However, certain rules may apply depending on factors such as age, location, and the type of vehicle being operated. Even when a helmet is not legally required, failing to wear one can become a factor when determining liability after an accident.
Insurance companies may argue that a rider’s injuries were made worse because they were not wearing a helmet. This does not automatically mean you lose your ability to pursue compensation.
Comparative Fault in Arizona Injury Claims
Arizona follows a comparative negligence system, which means more than one person can share responsibility for an accident. If you are found partially responsible for your injuries, your compensation may be reduced by your percentage of fault.
For example, if a side-by-side rider suffers a head injury while not wearing a helmet and a court determines they were 20% responsible for the severity of their injuries, their compensation could potentially be reduced by 20%. However, they may still be able to recover damages.
Not wearing a helmet does not automatically prevent you from seeking compensation. The key issue is whether your decision not to wear a helmet directly contributed to the injuries you are claiming.
Who May Be Responsible for a Side-by-Side Accident?
Many side-by-side accidents involve more than just the rider. Depending on the facts of the case, another party may be responsible for causing the crash or contributing to unsafe conditions.
Potentially responsible parties may include:
- Another side-by-side rider who acted negligently
- A vehicle driver involved in a collision
- A property owner who failed to maintain safe conditions
- A rental company that provided unsafe equipment
- A manufacturer responsible for a defective side-by-side part
If another person’s actions caused your accident, the fact that you were not wearing a helmet may not eliminate their responsibility.
How Helmet Use Can Affect Your Injury Claim
Insurance companies often look for ways to reduce the amount they have to pay after an accident. If you were not wearing a helmet, they may argue that you contributed to your injuries. However, they must typically show a connection between the lack of a helmet and the specific injuries you suffered.
For example, if a side-by-side crash causes a broken leg, the absence of a helmet may have little or no impact on that particular injury claim. However, if the claim involves a head injury, the issue may become more complicated.
Every side-by-side accident is different, and the impact of not wearing a helmet depends on the evidence available, including medical records, accident reports, witness statements, and other details surrounding the crash.
Protecting Your Rights After a Side-by-Side Accident
After a side-by-side accident, it is important to seek medical attention and document your injuries as soon as possible. Even if you believe you may share some responsibility for the accident, you may still have legal options.
Insurance companies may attempt to use helmet use, safety decisions, or other factors to minimize your claim. An experienced personal injury attorney can review the circumstances of your accident and help determine whether you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages.
At White Mountain Injury Law, we help injured individuals understand their rights after side-by-side accidents and other serious injuries throughout Arizona. If you were injured in a side-by-side crash, contact our team to discuss your situation and learn what options may be available.